

A lot of arbitration clauses can be opted out of. This was the case with most of my credit card agreements when I was reading through them. It involves sending a letter saying that you want to opt out of arbitration. The clause is usually within the mass of text and not easy to find, but it’s there.



Also, many arbitration clauses state that the company pays for arbitration costs as long as your claim is not frivolous. There was an attempted class-action case against Valve some time ago, and Valve pleaded that the contract required individual arbitration. So the law firm representing the customers filed tens of thousands of demands for arbitration for each individual customer, each of which surely would result in hundreds or thousands of dollars in arbitration costs for Valve…